An Analytical Look at the Importance of a Legal Organization for the International Electronic Commerce Arbitration Body: Comparative Study between a Draft Law on Arbitration in the UAE and the French and English Laws

Main Article Content

Azab Alaziz Alhashemi

Abstract

This study provides theoretical and practical viewpoints regarding the law required to be applied to proceedings in the field of international commercial arbitration. The Emirati arbitration has been compared under UAE, French, and English laws. The regulations, rules and procedures of international arbitration bodies, institutions and chambers have also been undertaken in this study. This study presents the subject that was not covered from theoretical and practical viewpoint. By discussing the international electronic commerce arbitration body, this study provides insights for researchers, arbitrators, lawyers, judges with the emphasis given to all the English and French Arbitration Act along with the rules and regulations of national and international arbitration institutions and chambers. Similarly, the importance of this issue lies in the importance of arbitration as an alternative means to litigation to settle disputes. When the role of the arbitration board arises from the agreement of the parties to the arbitration dispute and from what is stated in the arbitration contract or arbitration document in the rules that obliges the parties to the arbitration to sign an arbitration document at the beginning of the proceedings. Therefore, proceedings begin because a party to the arbitration dispute expressed its desire to settle the dispute by arbitration, i.e. from the time of the request for arbitration until the award is issued in its final form.

Article Details

How to Cite
Alhashemi, A. A. (2022). An Analytical Look at the Importance of a Legal Organization for the International Electronic Commerce Arbitration Body: Comparative Study between a Draft Law on Arbitration in the UAE and the French and English Laws. Journal of Law and Legal Reform, 3(4), 481-520. https://doi.org/10.15294/jllr.v3i4.60848
Section
Research Article
Author Biography

Azab Alaziz Alhashemi, Secretary General for the Arab Federation of Engineering Arbitration, Egypt

Dr. Azab Alaziz Alhashemi currently working as an Assistant of Secretary General for the Arab Federation of Engineering Arbitration, Egypt. Dr. Alaziz is an expert in international arbitration, with more than thirteen years of experience at international commercial arbitration and investor-state arbitration specialty. He completed his B.A. degree as an engineer in “Information security” and got his PhD in the same field in 2010, also he earned the British double-board certificate in information security and managing international enterprises, then continued in the field of international arbitration, where he held the position of Arbitrator in disputes in all continents” in multiple countries, in oblige to the rules of UNCITRAL and the international criminal court and the permanent court of arbitration in Hague. Dr. Alaziz also had preserved high ranked positions and distinguished place as an international arbitrator, and won exceptional prizes for his essential role in spreading the culture of arbitration in several countries, as well as training a group of intellectuals, lawyers, academics, ministers, and managers in Georgia, Azerbaijan, Turkey, Iraq, and Gordon. Because of his leading role in the field of international arbitration and investments, he has his print in establishing his own enterprises, which exceeds sixty companies in various disciplines, for a large number of investors in the UAE and Britain, as well as his understanding and practice of international law. His work is not only shortened to international arbitration, but establishing law networks such as “The international diplomatic network for human right’s law” in Norway, as well as spreading the culture of law and human rights in several Arab countries.

References

Tunisian Law No. 83/2000 Dated 9 August 2000 concerning Electronic Trade and Commerce (Chapters 1-4). Arab Law Q. 414, (2000).

UNICTRAL Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade for the year (1996), (2010). Retrieved from https://www.uncitral.org/pdf/english/texts/electcom/05-89450_Ebook.pdf

United Nations Commission on International Trade Law. UNCITRAL Arbitration Rules (2010). (2011). Retrieved from https://www.uncitral.org/pdf/english/texts/arbitration/arb-rules-revised/arb-rules-revised-2010-e.pdf


Legislations

Egyptian civil law was published on 9 Ramadan 1367 accompanying 16 July 1948. Retrieved from: https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=56949&p_classification=01.03

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Tunisian Law on Trade and Electronic Commerce No. 83 of 2000. Retrieved from: https://brill.com/view/journals/alq/16/4/article-p414_12.xml

UNCITRAL Guide to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958). Retrieved from: https://uncitral.un.org/en/texts/arbitration/conventions/foreign_arbitral_awards
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United Nations Commission on International Trade Law. UNCITRAL Arbitration Rules (2010). (2011). Retrieved from: https://www.uncitral.org/pdf/english/texts/arbitration/arb-rules-revised/arb-rules-revised-2010-e.pdf

United Nations Commission on International Trade Law. UNCITRAL Model Law on Electronic Signatures with Guide to Enactment, 2001. United Nations Publications, 2002. Retrieved from: https://www.uncitral.org/pdf/english/texts